First Substitute H.B. 152

Representative Bill Wright proposes to substitute the following bill:

1 PETROLEUM STORAGE TANK TRUST FUND
2 1999 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Bill Wright
5 AN ACT RELATING TO THE UNDERGROUND STORAGE TANK ACT; SUSPENDING THE
6 ASSESSMENT OF THE ENVIRONMENTAL ASSURANCE FEE WHEN THE CASH
7 BALANCE OF THE PETROLEUM STORAGE TANK TRUST FUND REACHES $40,000,000.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 19-6-410.5, as last amended by Chapter 95, Laws of Utah 1998
11 Be it enacted by the Legislature of the state of Utah:
12 Section 1. Section 19-6-410.5 is amended to read:
13 19-6-410.5. Environmental assurance program -- Participant fee.
14 (1) As used in this section[,]:
15 (a) "Cash balance" means cash plus investments and current accounts receivable minus
16 current accounts payable exclusive of the liabilities estimated by the state risk manager.
17 (b) "Commission" means the State Tax Commission, as defined under Section 59-1-101 .
18 (2) There is created an Environmental Assurance Program. The program shall provide to
19 participating owners and operators, upon payment of the fee imposed under Subsection (4),
20 assistance with the costs of investigation, abatement, and corrective action regarding releases at
21 facilities participating in the program, to the extent provided under Section 19-6-419 .
22 (3) Participation in the program is voluntary.
23 (4) There is assessed an environmental assurance fee of 1/4 cent per gallon on the first sale
24 or use of petroleum products in the state.
25 (5) Revenue collected under this section shall be deposited in the Petroleum Storage Tank

26 Trust Fund created in Section 19-6-409 and used solely for the purposes under Section 19-6-409 .
27 (6) (a) The commission is responsible for the collection of the fee and any penalties and
28 interest imposed under this section.
29 (b) The commission shall by rule establish:
30 (i) the method of payment of the environmental assurance fee;
31 (ii) the procedure for reimbursement or exemption of owners or operators who do not
32 participate in the program, including owners and operators of above ground storage tanks; and
33 (iii) the procedure for confirming with the department those owners and operators who
34 qualify for reimbursement or exemption under Subsection (6)(b)(ii).
35 (c) The commission may retain an amount not to exceed 2.5% of fees collected under this
36 section for the cost to it of rendering its services.
37 (7) The person or entity responsible for payment of the fee under this section shall pay the
38 fee to the commission on or before the last day of the month following the month in which the sale
39 occurs.
40 (8) The payment under this section shall be accompanied by the form prescribed by the
41 commission.
42 (9) (a) The penalties and interest for failure to file the form required under this section or
43 to pay the environmental assurance fee are the same as the penalties and interest under Sections
44 59-1-401 and 59-1-402 .
45 (b) The commission shall deposit penalties and interest collected under this section in the
46 Petroleum Storage Tank Trust Fund.
47 (10) The commission shall report to the department any person or entity who is delinquent
48 in payment of the fee under this section.
49 (11) (a) If the cash balance of the Petroleum Storage Tank Trust Fund on June 30 of any
50 year exceeds $40,000,000, the assessment of the environmental assurance fee as provided in
51 Subsection (4) shall be suspended beginning November 1 and the suspension shall remain in effect
52 through October 31 of the year in which the cash balance of the fund on June 30 has decreased to
53 below $25,000,000.
54 (b) The commission shall be responsible for determining each year the cash balance of the
55 fund as of June 30.
56 (c) Before September 1 of each year, the department shall provide the commission with

57 the accounts payable of the fund as of June 30.